‘The question of the burden of proof does not, on the strict wording of section 16, really arise . . I think that with the change of wording under section 16(3) of the Act of 1949 it is for the court to make up its mind on the evidence as a whole whether there was a substantial compliance with the law as to elections or whether the act or omission affected the result’
Judges:
Streatfeild J, Slade J
Citations:
[1960] 1 WLR 762
Statutes:
Representation of the People Act 1949 16
Jurisdiction:
England and Wales
Cited by:
Cited – Edgell v Glover, Garnett (Returning Officer) QBD 4-Nov-2003
The constituency had adopted an all postal ballot, resulting in a counted majority of one. One ballot paper’s confirmation of identity had not been signed.
Held: The function of the court, exercising its jurisdiction under section 48(1), is . .
Lists of cited by and citing cases may be incomplete.
Elections
Updated: 06 December 2022; Ref: scu.187489
